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DOMA & Prop 8 Topic

Posted by dahsdebater on 6/26/2013 7:21:00 AM (view original):It's really gonna bother me if DOMA and Prop 8 wind up falling on the same political side. It's probably going to happen. But from a constitutional perspective they almost have to have opposite political decisions - if DOMA is unconstitutional and the right to define marriage is reserved to the states, Prop 8 should be upheld. And vice versa.

I don't know if that's true. It's very likely that they invalidate DOMA on the merits of the case. But the prop 8 case could be decided on the lack of standing of the people defending the law. That would also invalidate the federal court's ruling and leave Judge Walker's decision as the final say.

Posted by burnsy483 on 6/26/2013 10:05:00 AM (view original):Gay judge in a law-term same sex relationship who possibly wants to be married has a chance to make a decision on whether he's legally allowed to get married.

Yes, there's a possible conflict of interest.

That same conflict wouldn't exist for straight judge ruling for prop 8?